Page:1864-65 Territory of Dakota Session Laws.pdf/100

88 Section 289. Punishment of robbery committed by two or more persons.

Sec. 280. Robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

Sec. 281. To constitute robbery the force or fear must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape it does not constitute robbery.

Sec. 282. When force is employed in either of the ways specified in the last section, the degree of force employed is immaterial.

Sec. 283. The fear which constitutes robbery may be either;

1. The fear of an unlawful injury, immediate or future, to the person or property of the person robbed, or of any relative, of his, or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed, at the time of the robbery.

Sec. 284. When property is taken under the circumstances required to constitute robbery, the fact that the property was of trilling value docs not qualify the offense.

Sec. 285. The taking of property from the person of another is not rubbery, when is clearly appears that the taking was fully completed without his knowledge.

Sec. 286. Robbery when accomplished by the use of force or of putting the person robbed in fear of some immediate injury to his person, is robbery in the first degree. When accomplished in any other manner it is robbery in the second degree.

Sec. 287. Every person guilty of robbery in the first degree is punishable by imprisonment in the territorial prison not less than ten years.

Sec 288. Every person guilty of robbery in the second de-